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Name Category Published
Peters v. Superior Court (People)
Petition to extend commitment of sexually violent predator must be supported by evaluations conducted by at least two practicing psychiatrists or psychologists.
Criminal Law and Procedure Jun. 1, 2000
Hatch v. Superior Court (People)
Prosecution need not establish that victims are under 14 in prosecution for attempted lewd act on minor under 14.
Criminal Law and Procedure Jun. 1, 2000
People v. Rells
Penal Code Section 1372 establishes presumption that defendant is mentally competent and burden is on him to prove otherwise.
Criminal Law and Procedure May 25, 2000
U.S. v. Cherry
Accused who caused witness's unavailability is deemed to have waived confrontation and hearsay objections.
Criminal Law and Procedure May 24, 2000
Van Woudenberg v. Gibson
Procedural due process claim is rejected when no evidence establishes doubt about accused's competence to stand trial.
Criminal Law and Procedure May 24, 2000
U.S. v. Marquez-Gallegos
Accused is ineligible for downward departure when sentence for previous conviction exceeds one year.
Criminal Law and Procedure May 24, 2000
Mayes v. Gibson
Defendant is entitled to evidentiary hearing on issue of ineffective assistance of counsel if his allegations are consistent with habeas relief.
Criminal Law and Procedure May 24, 2000
State v. Martinez
Court does not commute death sentence of convicted cop killer in automatic appeal.
Criminal Law and Procedure May 24, 2000
Bey v. Keating
Order
Criminal Law and Procedure May 24, 2000
Szymanski v. Bufalino
Order
Criminal Law and Procedure May 24, 2000
Johnson v. U.S.
District court has authority to order terms of release following reimprisonment.
Criminal Law and Procedure May 24, 2000
U.S. v. Pearson
Sentencing enhancement for robbery and separate conduct of restraining individual during robbery is proper despite conviction for possession of firearm.
Criminal Law and Procedure May 17, 2000
James v. Gibson
Defendant's failure to demonstrate bona fide doubt as to his competency justifies court's denial of competency hearing.
Criminal Law and Procedure May 17, 2000
State v. Talmadge
Exclusion of corroborating expert witness testimony that could lead to meaningful exculpatory evidence is reversible error.
Criminal Law and Procedure May 17, 2000
U.S. v. Hunt
Double Jeopardy Clause bars postacquital appeal by prosecution if reversal would lead to second trial or reconsideration of charges.
Criminal Law and Procedure May 17, 2000
State v. Adams
Reasonable expectation of privacy exists in personal residence maintained on business premises.
Criminal Law and Procedure May 17, 2000
U.S. v. Currier
Order
Criminal Law and Procedure May 17, 2000
People v. Peoples
Jury instruction for first-degree criminal trespass must require finding that defendant entered the dwelling of another.
Criminal Law and Procedure May 17, 2000
Washington v. Atherton
Inmates due process rights not violated where he was given notice and an impartial hearing.
Criminal Law and Procedure May 17, 2000
People v. Harper
Amendment to certificate of rehabilitation process does not violate ex post facto clause because it is administrative, not punitive mechanism.
Criminal Law and Procedure May 11, 2000
People v. Zaragoza
Defendant convicted of killing child is entitled to conduct credits of 15 percent of the days actually served in custody before sentencing.
Criminal Law and Procedure May 11, 2000
People v. Mackey
In determining validity of defendant's prior conviction, jury can also consider other official documents directly related to prior conviction.
Criminal Law and Procedure May 11, 2000
U.S. v. Rodriguez-Moreno
Order
Criminal Law and Procedure May 10, 2000
State v. Paleo
Prosecutor's race neutral explanation for peremptory challenge is not enough to disprove discriminatory motive.
Criminal Law and Procedure May 10, 2000
U.S. v. Saldana-Duarte
Order
Criminal Law and Procedure May 10, 2000
U.S. v. Segraves
Order
Criminal Law and Procedure May 10, 2000
U.S. v. Lee
Order
Criminal Law and Procedure May 10, 2000
U.S. v. Fox
Order
Criminal Law and Procedure May 10, 2000
Cox v. Kaiser
Order
Criminal Law and Procedure May 10, 2000
Garner v. Pugh
Order
Criminal Law and Procedure May 10, 2000